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Illinois Child Support ?

Springfield, IL |

Non custodial pays for HIS health insurance. I pay for our daughter's insurance. So, when calculating child support- is he able to subtract the health insurance he pays for (for himself)?

That's what I was thinking. Child support will be around $3500 per year....so not a lot. But, if he was able to take off HIS health insurance premiums of $1820 per year then that would go down even more. I am not trying to "get rich"...just trying to get help in supporting child.

Attorney Answers 4

Posted

Yes. When making the calculations to determine the percentage of child support -- you base it on net income. Net income is what is left after health care deductions, union dues, etc. In other words, his "take home pay."

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7 comments

Asker

Posted

I am getting conflicting answers. So, individual health insurance for himself can be deducted. Even though, child is on my insurance?

Andrea Medlock Harvey

Andrea Medlock Harvey

Posted

I apologize for the confusion. Perhaps I am confused on your question. I noticed you clarified while I was responding and then I refreshed the page and saw your completed question. I originally thought you were asking in general "how child support is calculated." That is the answer I gave.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

the answer is yes, he may deduct it. see my comment above,

Andrea Medlock Harvey

Andrea Medlock Harvey

Posted

Yes. When filling out a 13.3.1 disclosure (the document that should be filled out to share and make these determinations), the court takes into account essentially his take home pay. Bear in mind, that you should have also filled out a 13.3.1 disclosure sharing the same information, including those expenses for the child.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

but it is not a cook county case. so a 13.3 is probably no help. there is probably a similar form in sangamon county. use that one. but so what? it is not his take home pay, it is his net income from all sources. potentially different.

Andrea Medlock Harvey

Andrea Medlock Harvey

Posted

You are correct. Apologies for any confusion. I did notice after the fact that this was not Cook County. Take home pay is laymen's. Net income is more appropriate verbiage. Which is why I said "essentially." Hope this clarifies and alleviates any confusion.

Judy A. Goldstein

Judy A. Goldstein

Posted

Sangamon County probably has its own form. Most counties do.

Posted

no

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8 comments

Gary L. Schlesinger

Gary L. Schlesinger

Posted

this is not a correct answer. the statute says one deduction from gross is health insurance. it does not say for whom. he may deduct it.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

Attorney Schlesinger is correct but why are you paying for the child's health insurance? He should pay at easy half of the premium or more. I think since he is deducting his premium and you are paying all the child's premium the court may be sweayed on this issue.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

swayed

Asker

Posted

That shocks me. So, if he was smart he would make sure the max taxes are taken out (and get them at the end of the year) and take out max for retirement so that his net income is less? Seems unjust since I pay for her medical, dental, and vision.

Asker

Posted

Insurance is actually through my husband's. He has steady job (same company for 15+ years). Non custodial tends to job hop and not very responsible. Would be scared that he would let insurance lapse even if court ordered....if I tried to get him ordered to pay. He is required to pay 1/2 out of pocket expenses.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

do not rely on his paystub or his w-2 form. you need to know state and federal taxes actually figured. that includes the refunds. the case is pylawka from the second district. there are computer programs for figuring the child support. most lawyers use finplan or family law software. there are a few sites on line that help also. the real taxes are built in.

Judy A. Goldstein

Judy A. Goldstein

Posted

Asker - It would probably help you a lot to consult with an attorney who could give you options for payment of support. Go see Ted Harvatin in Springfield. If he can't hep[ you, he will know who can.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

YES

Posted

Unfortunately not.

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17 comments

Gary L. Schlesinger

Gary L. Schlesinger

Posted

unfortunately not what? do you have special knowledge of illinois divorce law from your perch as a florida p.i. lawyer???

David B Pittman

David B Pittman

Posted

Feel better now?

Gary L. Schlesinger

Gary L. Schlesinger

Posted

actually, no. why is it that a few of you, some divorce lawyers and some not, insist on answering illinois divorce questions? usually the responses are wrong. you do not know the territory, to quote the opening of the music man. you probably could give good advice to those seeking answers about fla. pi cases, why not just answer those???

David B Pittman

David B Pittman

Posted

Everyone is entitled to their own opinion. Enjoy your weekend.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

yes, but not their own facts. what the law is is a fact.

David B Pittman

David B Pittman

Posted

Agreed.

Judy A. Goldstein

Judy A. Goldstein

Posted

I too an pretty tired of seeing this Florida PI attorney answer so many questions and agree with us when he doesn't have a clue whether the answers are right or wrong. I look forward to the day when he has accumulated enough points that he doesn't have to pander himself all over the Avvo website.

Judy A. Goldstein

Judy A. Goldstein

Posted

A perfect example is his 2 agreements above. The answers were completely opposed to each other. Only one could be correct. The Florida PI lawyer agreed with both. I would gladly give him some of my points if he would stay away and avoid risking reliance on his answers by unsuspecting ILLINOIS residents.

David B Pittman

David B Pittman

Posted

Interesting Judy. I have seen answer question on everything from DUI, personal injury, Criminal matters etc.etc, are you an expert in all these areas.? Funny because your profile on AVVO shows 100 percent family law. Those who live in glass houses...

David B Pittman

David B Pittman

Posted

The list goes on.. Probate law, estate law, bankruptcy, slander, medical malpractice , slip and fall law, defective products, traffic tickets, business litigation , Wow! You're comprehensive knowledge of practically every are of law there is is outstanding. No wonder you are a top contributor,

David B Pittman

David B Pittman

Posted

I saw some earlier posts today that were deleted mentioning you.. One word... Karma! Enjoy your day,,,

Judy A. Goldstein

Judy A. Goldstein

Posted

You saw an abusive asker and well known troll whose sole purpose in life is to shock readers with her vulgarity and defame several attorneys, most of whom are in CA. So there is no Karma with regard to me, only justice.

David B Pittman

David B Pittman

Posted

Whatever you say.... But why you personally? One can only wonder..

Judy A. Goldstein

Judy A. Goldstein

Posted

Wonder all you want. This is not the place for your conversation. If you wish to call me, you can get my phone number from my listing. Other than that, your comments are not relevant to the asker's original question.

David B Pittman

David B Pittman

Posted

We would not be having this discussion at all if you had not begun this by your snarky comments above. Nevertheless, I wish you well.

Christine C McCall

Christine C McCall

Posted

Mr. Pittman, I think you've been the beneficiary of a serious good deed here. You have become notorious among a great many attorneys on the Avvo Q and A service for a vast number of responses that do no more than repeat and summarize the statements of other responders, as well as for daily multiple indications of agreement with multiple responses that are utterly inconsistent and cannot be reconciled. There is daily a body of Avvo Q and A community comment and many attorney participants have proposed a collective protest to site administrators regarding your points. However you choose to react to this information upon reflection, if at all, the Illinois attorneys who commented here have done you the profound service of enabling your choice as to whether and how to deal with this very widely-held criticism. As for your return fire to Ms. Goldstein, it's useful to remember the caveats against shooting the messenger. I acknowledge that Ms. Goldstein is skilled and informed on a maddening scope of legal subject matters. I once found a wrong response by her, I thought, but it turned out I was wrong, and very disappointed to realize it -- in public, after posting. But isn't that the crux of it all? For those who really do have the legal chops, there is no legitimacy in complaining about the scale or range of their skills.

David B Pittman

David B Pittman

Posted

I appreciate your point of view and perspective and will take it under advisement. I also appreciate your tact and eloquence in making your points. I will readjust my work on AVVo accordingly. Thank you again for your respectful and thought worthy comments and suggestions.

Posted

Based on the recent changes to the laws in Illinois regarding child support obligations, you can file a petition seeking contribution from the non-custodial parent toward uncovered medical expenses, child care, education, and extracurricular activities for your child. The court can order him to contribute toward those expenses in addition to his child support obligation. This may be an avenue worth investigating if you are in need of additional support for your child and if these issues were not previously addressed.

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1 comment

Peggy M. Raddatz

Peggy M. Raddatz

Posted

great suggestion counsel!

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